The Supreme Court has imposed strict restrictions on adjournment requests in several categories of cases. These include matters related to bail or anticipatory bail, cases where an exemption from surrendering has been granted, instances involving interim orders favoring the party seeking adjournment, and situations where a suspension of sentence is under consideration.
The Supreme Court of India has introduced a new set of guidelines aimed at regulating the adjournment of cases. This strategic move is designed to streamline proceedings and ensure the timely delivery of justice, addressing long-standing concerns over the misuse of adjournment requests that often lead to unnecessary delays.
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The circular, issued on February 14, delineates a clear framework for the circulation of adjournment letters, specifying the conditions under which such requests will be considered. Notably, the Supreme Court has imposed strict restrictions on adjournment requests in several categories of cases. These include matters related to bail or anticipatory bail, cases where an exemption from surrendering has been granted, instances involving interim orders favoring the party seeking adjournment, and situations where a suspension of sentence is under consideration. Furthermore, the circulation of adjournment letters in fresh and regular hearing matters is expressly prohibited, underscoring the court’s commitment to expediting the judicial process.
Outlined in a detailed circular, these guidelines establish a comprehensive framework for the circulation of adjournment letters, setting forth specific conditions and procedures to be followed by parties seeking to defer their cases. Here’s an in-depth look at the key provisions of the Supreme Court’s new guidelines:
- Procedure in After-Notice Miscellaneous Matters:
- a) Restrictions on Adjournment Requests: The Supreme Court has specified that no letters for adjournment will be entertained in cases involving:
- i) Bail or anticipatory bail matters;
- ii) Cases where an exemption from surrendering has been granted;
- iii) Instances where an interim order is operating in favor of the party seeking adjournment;
- iv) Situations where suspension of sentence has been requested.
- b) Circulation of Adjournment Letters: In matters not covered by the above restrictions, adjournment letters can be circulated until one day prior to the publication of the main list.
- Submission of Adjournment Requests: Requests must be submitted in the prescribed format as per Annexure ‘A’ through email to adjournment.letter@sci.nic.in, detailing the specific reason for seeking adjournment and the number of adjournments already sought.
- Consent Requirement: It is mandatory to obtain consent or no objection from advocates or parties on the other side/Caveator before circulating the letter for adjournment.
- One-Time Circulation: Letters for adjournment can be circulated by one party/counsel to the case only once, emphasizing the need for judicious use of this provision.
- Limit on Consecutive Adjournments: Two consecutive adjournments, irrespective of which party is seeking an adjournment, are not allowed without the matter being listed before the Court, ensuring that cases progress in a timely manner.
- Listing of Adjourned Matters: Matters adjourned under these guidelines will be listed before the Court within an outer limit of four weeks with a specific date of listing, and no requests for preponement of the date in such matters will be entertained.
- Review by Competent Authority: Letters seeking adjournment will be placed before the competent authority, and if the request is considered favorably, the list of matters not listed as per schedule will be notified on the website of the Court.
- Prohibition in Certain Matters: Circulating letters for adjournment in fresh and regular hearing matters is strictly prohibited, reinforcing the Court’s commitment to expediting the resolution of legal matters.
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The issuance of these guidelines follows the Supreme Court’s decision to discontinue the practice of circulating adjournment letters or slips one day before a matter is listed, pending the formulation of a standard operating procedure on adjournments. This decision, which came into effect in late December of the previous year, was met with resistance from the legal community, including protests from the Supreme Court Advocates-on-Record Association (SCAORA) and the Supreme Court Bar Association (SCBA). In response to these concerns, the court formed a judges’ committee to develop the SOP, taking into account suggestions from all stakeholders.
This reformative step by the Supreme Court is a testament to its dedication to ensuring the swift and fair administration of justice. By establishing clear rules and procedures for adjournments, the court aims to reduce unnecessary delays and enhance the overall efficiency of the judicial process. The new SOP for adjournments is a welcome change that promises to uphold the principles of expeditious justice delivery, benefiting not only the parties involved in legal disputes but also the judiciary system as a whole.
